contested hearing order.123 On May 10, 2007, the First Criminal Chamber decided the restricted
appeals, annulling the appealed sentence of September 2005 and ordering the remand of the case
for a new trial by another sentencing court. On December 3, 2007, the Second Criminal Chamber
declared the appeal filed by E.G.A. 6 months earlier, against the decision that annulled the acquittal
judgment, as inadmissible.124
D.3 Third oral trial
68.
On July 15, 2008, the Sentencing Court No. 3 of Cochabamba (hereinafter “Sentencing Court
No. 3”) ordered a trial be held on September 8, 2008, after the Sentencing Courts No. 1 and No. 2,
both from Cochabamba, excused themselves from hearing the case due to having already taken part
in it.125
69.
On August 1, 2008, Sentencing Court No. 3 ordered an “expert opinion on the points indicated
in the accusation.”126 On August 20 of the same year, a new gynecological forensic examination was
carried out.127.
70.
On September 3, 2008, the Court scheduled a hearing to be held on September 22, 2008,
however, E.G.A. did not appear. The Court set a new hearing for October 28, 2008, and again E.G.A.
did not appear. That same day the Court declared his contempt of court, ordered that an arrest
warrant and other precautionary measures be issued against him, in addition to declaring the trial
suspended.128 The arrest warrant was issued on November 6, 2008.129
71.
Since then, it is known that essentially the following procedures were carried out between
2008 and 2020: on May 27, 2009, the Cochabamba District Prosecutor's Office requested a “report”
from Interpol on E.G.A.'s criminal or judicial record in Colombia and Ecuador, his “migratory
trajectory” and if the person referred to was in Colombia and their address.130 On August 18, 2009,
the Subject Matter Prosecutor assigned to the Minors and Family Division requested "a copy of the
security video of entries and exits on July 23 and 24, 2009".131 In 2014, the Subject Matter Prosecutor
made a request to the Departmental Commander of the Cochabamba Police to "order that Interpol
123
Cf. Brief of cassation appeal filed by the complainant lawyers on March 22, 2006 (evidence file, folios 8669 to 8687),
and Decision issued by the First Criminal Chamber on November 16, 2006 (evidence file, folio 8731).
Cf. Judgment issued by the First Criminal Chamber, Superior Court of Justice Cochabamba on May 10, 2007 (evidence
file, folio 8827); Cassation appeal filed by E.G.A. on June 22, 2007 (evidence file, folios 8902 to 8913), and Judgment issued
by the Second Criminal Chamber on December 3, 2007 (evidence file, folios 8931 to 8932).
124
125
Cf. Order issued by the Sentencing Court No. 1 on June 11, 2008 (evidence file, folio 8976) Order to forward the file
issued by the Sentencing Court No. 2 on June 18, 2008 (evidence file, folio 8983), and Order issued by the Sentencing Court
No. 3 on July 15, 2008 (evidence file, folios 9000 to 9005).
Cf. Decision of August 1, 2008, issued by the Sentencing Court No.3 (evidence file, folio 10545), and Brief of the
Public Prosecution, of July 29, 2008 (evidence file, folio 10543).
126
127
Cf. Forensic medical expert report issued by Dr. M.R.C. on August 20, 2008 (evidence file, folio 9195).
Cf. The accused sent a letter dated September 16, 2008, to the Court, stating that for 6 years he had undergone 2
annulled trials, that he had granted power to his lawyers to represent him, and that he had not been notified of the trial at
his previous address in Bolivia. He reported his address in Colombia and sent certifications from a travel agency stating that
it had not been possible to obtain tickets from Cali (Colombia) to La Paz (Bolivia) to attend the hearing scheduled for
September 22, 2008. Cf. Letter signed by E.G.A. on September 16, 2008 (evidence file, folios 9176 to 9179); Record of court
constitution of September 3, 2008 (evidence file, folios 9143 to 9144); Record of suspension of oral trial issued by Sentencing
Court No. 3 on September 22, 2008 (evidence file, folios 9174 to 9175), and Record of suspension of registration of oral trial
and declaration of default issued by the Sentencing Court No. 3 on October 28, 2008 (evidence file, folios 9946 to 9949).
128
129
Cf. Arrest warrant issued by Sentencing Court No. 3 against E.G.A. on November 6, 2008 (evidence file, folio 9428).
Official letter issued by the Prosecutor for matters of record of the Cochabamba District Prosecutor's Office on May
27, 2009 (evidence file, folio 10647).
130
131
Cf. Request issued by the Prosecutor for matters of record assigned to the Minors and Family Division on August 18,
2009 (evidence file, folio 10654).
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